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Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 37366
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My now 29 year old son has abandoned s old "89 Kawasaki jet

Customer Question

My now 29 year old son has abandoned his old "89 Kawasaki jet ski and trailer at my home for the past 8 years. I've asked numerous times to have him come and get it as well as I have offered to take it to him. Still it remains in my garage. I am trying to sell my home and I need to move it. Can I sell it? Thanks for any insight you can offer. Sincerely Anita
Submitted: 2 years ago.
Category: Legal
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
In a situation like this, if he has left his personal property at your home despite your requests to remove it, then he has created an "involuntary bailment". An involuntary bailment is when one party, the bailor, leaves personal property in the possession of the bailee without permission or consent. The bailor can return and take possession of the property at any time before the bailee terminates the bailment and the property is considered abandoned. A bailee can terminate an involuntary bailment by giving notice to the bailor that they need to come get the property or it will be considered abandoned and disposed of.
In order to legally terminate the bailment, you have to give written notice to the bailor at their last known address. I would send it certified mail as well as first class mail so you have proof of mailing. State that you are terminating the bailment and the bailor has 7 days to remove the property or you will consider it abandoned and dispose of it. On day 8 if it is still there, you can dispose of it as abandoned.
If he doesn't come get it, then I would suggest renting a storage unit for one month and having it moved there and giving son the address and unit number of the storage unit. Then if he doesn't reclaim it from the storage unit or begin to pay the storage fee, the storage company will terminate the storage agreement and then sell the jet ski at auction to the highest bidder and apply the money to the rental and auction costs first and then refund the balance to you.